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Title: State Passes Law to Legalize Shooting Police
Source:
The Free Thought Project
URL Source: http://thefreethoughtproject.com/st ... se-police/#7wJMBSOvkKRX0ad4.99
Published: Feb 3, 2014
Author: Matt Agorist
Post Date: 2015-02-03 23:36:00 by Hondo68
Keywords: terminate the public servant, authority to protect, unlawful entry or attack
Views: 10739
Comments: 26
Finally some rational legislation is passed concerning ‘public servants’ unlawfully entering another person’s property. All too often, we see examples of cops breaking into the wrong house and shooting the family dog, or worse, killing a member of the family. Well, Indiana has taken action to “recognize the unique character of a citizen’s home and to ensure that a citizen feels secure in his or her own home against unlawful intrusion by another individual or a public servant.” This special amendment is no revolutionary new thought, only common sense. Self-defense is a natural right; when laws are in place that protect incompetent police by removing one’s ability to protect one’s self, simply because the aggressor has a badge and a uniform, this is a human rights violation. Indiana is leading the way by recognizing this right and creating legislation to protect it. Of course cops have already begun to fear monger the passage of this bill, “If I pull over a car and I walk up to it and the guy shoots me, he’s going to say, ‘Well, he was trying to illegally enter my property,’ ” said Joseph Hubbard, 40, president of Jeffersonville Fraternal Order of Police Lodge 100. “Somebody is going get away with killing a cop because of this law.” Instead of looking at the beneficial aspect of this law, which creates the incentive for police to act responsibly and just, Hubbard takes the ‘higher than thou’ attitude and is simply worried about himself. How about questioning the immoral laws that you are enforcing in the first place? Or how about sympathizing with the innocent people whose pets and family members have been slain, due to police negligence? Who’s to say that a cop pulling you over to extort money from you for the victimless crime of not wearing a seatbelt, isn’t an unlawful act? Or how about breaking down your door in the middle of the night to kidnap you and throw you in a cage for possessing a plant? Hopefully this legislation will lead to these arbitrary traffic and drug enforcement “laws” in place solely for revenue collection (aka theft), being brought into question. (i) A person is justified in using reasonable force against a public servant if the person reasonably believes the force is necessary to: It is through legislation such as this, which will empower people again and aid in bringing down these tyrants from their pedestals, who are given free rein to murder and pillage without consequence.
(1) protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force;
(2) prevent or terminate the public servant’s unlawful entry of or attack on the person’s dwelling, curtilage, or occupied motor vehicle; or
(3) prevent or terminate the public servant’s unlawful trespass on or criminal interference with property lawfully in the person’s possession, lawfully in possession of a member of the person’s immediate family, or belonging to a person whose property the person has authority to protect.
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#10. To: hondo68, All (#0)
After Richard Barnes had a verbal altercation with police, his wife pleaded with him to let officers into their home. Barnes refused. The police entered anyway. Barnes responded by shoving an officer to prevent him from coming inside. Barnes was arrested, charged and convicted of battery on a police officer, disorderly conduct and resisting arrest. He appealed, arguing that because the officers' entry into his home was illegal, he was permitted to use force to prevent them from coming inside. The Indiana Supreme Court could have simply ruled that as a result of the call, Barnes' state of mind and his wife's pleas provided exigent circumstances for police to enter the Barnes' home legally. Instead, the court went much further, finding that "there is no right to reasonably resist unlawful entry by police officers." The court even acknowledged that this unraveled hundreds of years of common law precedent. The ruling effectively barred anyone accused of using force against a police officer, for any reason, from arguing self-defense or the defense of others at a trial. At the time, critics pointed out that with the ruling, a man who uses force against a police officer who is raping his wife would not be allowed to argue in court that he was defending his family. The battered spouse of a police officer who fends off her husband could in theory be arrested and, under the ruling, wouldn't be permitted to argue self-defense. While those scenarios may seem far-fetched, a bad prosecutor sympathetic to a wayward officer could easily make them a reality, said Mark Rutherford, chairman of the Indiana Public Defender Commission. "The police organizations say those sorts of things would never happen," he said. "And you'd hope a prosecutor wouldn't bring a charge like that. But if a prosecutor did charge you, you wouldn't be allowed to try to convince a jury that you were defending yourself. And that's the problem."
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Top • Page Up • Full Thread • Page Down • Bottom/Latest The March 2012 changes to the law resulted from a widely criticized Indiana State Supreme Court ruling, Barnes v. State, in May 2011. The situation that triggered the court case (an appeal of a criminal conviction) resulted from a 2007 incident in which police responded to a 911 call about possible domestic violence.
The amendment in March 2012 to the 2006 Indiana statute, known as its Castle Doctrine law, corrects the problem. It does not give Hoosiers the right to shoot police officers; Indianapolis won't be the next Mogadishu.
Replies to Comment # 10.
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